1935-08-15 — Page 7

NO CASE TO

ANSWER.

DR. ARTHUR WOO VINDICATED

THE

HONGKONG

TELEGRAPH. THURSDAY, AUGUST 15,

to object as Dr. Montgomery was mony. She cried when she told the Mr. Brooks' wliness.

Court that on the way to the box- The objection was noted.

pital in the car "the child trembled Witness added he advised certain very much and her eyes were open things to be taken by mouth anded wide. The child's feet got wet the parents had stated the child did because they had an umbrella over not want it. They took it away and her, on getting out of the car at the it was never given.

French Hospital.

very carefully to the whole of the evidence. You must, after hearing Dr. Montgomery, have little doubt as to the likelihood of anybody being able to sustain a case of this grav ity. It is possible I would invite you to say that this charge is ground- Jens and wholly unsubstantiated; but A nursing home" depends on its Witness corroborated the evilence I do not wish to divert from the reputation to n certain extent given by her husban on the rat ordinary, course, Yer.

iny of the hearing regarding the conversations with Dr. Woo at the I beg you believe, Sir, that I am suring home. She added that Dr. not trying to fish or trying to ask Woo said: "You trust European doe-you to speak tabre quickly than in tork so implicitly, do you think that any other ordinary case; but. the there are no good doctors among the evidence of Dr. Montgomery, whose Chinese? You have to pay $26 for reputation and knowledge on these European doctor, and when 1 matters has not been called to ques- charge you $26 complain and tion at all, seems to me muxt, tor ask for

reduction

minate the case. If you feel that without what I am proposing do it would be difficult to give proper credence to or reject the complain- ant's evidence, then 1 mast take the

Have you ever run a nursing home yourself?-No. NO WILFUL NEGLECT | one would you say that it would If a patient dies in a nursing be likely to affect the reputation of AND EXPOSURE that nursing home 7-It might, but

not necessarily.

Holding that defendant had no caso to answer and that the grounds on which the CASC was brought were too filmay to sustain a charge of wilful neglect and ex. posure of a child patient, Mr. W. Schofield, at the Central Magist, racy yesterday afternoon, dis charged Dr. Arthur Woo, partner in the Woo Clinic, China Buildings. who was summoned at the instiga- tion of Mr. John S. 11 Wann.

Chinese Secretary to the Italian Consulate.

It might affect its reputation more as far as the uneducated and super- titinus classes are concerned ?.... That

cannot kay.

Medical Etiquette

If a patient or his relative desires to call in n-second opinion on the care, le it the modigul etiquette for doctor to refuse that request-It

is unusual, but it is Your

No, I would not be prepared to say Would you ray, very unusual ?.......

that.

a

When Dr. Wao suggested the child hould be taken to the French Hes pital, witness stated she knew that he would rather let the child die it meant

the case was hopeless,

at home.

When her husband again asked Dr. Woo at 7.30 p.m. if it was ad- visable to call in another doctor, wit. ish: "Not advisable." new said Dr. Woo replied in Eng-

Cross-examined by Mr. Supposing that in the rive of a

Jenkin, with admitted the child was seen particular patient there were some by Br. Woo and Dr. Lai on admis /rus 10:: ** Elte nature of thedon on July 18. Later in the morn- patient's illnes

in the patient was seen by thre doctors and by five doctors includ ing two outside doctors) in the even ingy Witness stated the doctors feel her pulse, loured n her daughter, but did not

or the trentuent

aplied, would it, from the melien point of view, be advisable to call in a second opinion? You, I think it would be nilvieuble,

Mr. Jenkin: Are your viting to believ that the doctors

In the ease of 31r. Wann's child whether European or not, had been eposits another medical opinion.

bined, it possible that child might have livet?. Any kind fooling when they came int the

routh? the of opinion would have made in dif

fretice,

The prourently was conducted by Mr. E. S. C. Brucks, af Mears, Hastings and Company, and the defendant was represented by Mr. F. C. Jenkin, X., instructed by Mr. G. K. Hall Itrutton, of Messrs. K. K. Hall Brutton and Company. Dr. Jeho Howard Montgomery, Medical Superintendent 415 Matilda Hospital, testified that he also did radum work, and in pection with that work he frequent- by visited the Woo Narsing Home, Be went there on July 29 after a telephonis di cassins regarding the complainant's child, He discussed The ene with Dr. Woon to an

casion.

FNL-

BUFARIK

While he attend the home he also aw another enze. He was not asked by Mr. Wash to see the child on that perion. Dire sions with Dr. Lai Kwok-yuk seeing the empfnimat Piht cupled twenty minutes.

With Inked at the high felt her puler, She was a lide bet- ter at that time and there was mo thing to rev. There was no further examination of the chiki. He spoke to the parents and to Dr. Lui. Wit

es thought the child wan siffering from bucillary dysentery.

Nu Dunk of Dysentery Mr. Brooks: Wan ther ZUJNI doubt as to what the child's illness was?There was no doubt

SAR to

the dysentery, hot as to the type of dysentery, Bernue the barterin. logical examination red even folly completed.

tinct

at the

Dr. Wou's ense as that on July 18 The prete

visit to you Matikan Impient and caulted you abant Mr. Whan's child? 13 was un the 20th, a Saturday.

For what pupil he razvio te your? I had asked toon to epme how me abast everal things we hal to all mes, and then he hamgh! tip the que fisn of this case, seemed to be exercising his mind great deal.

Mr. Jenkin: Bir Montgomery, my

xammation is only formist he Purse you are really my witmese You had e id red this particular ere very expefully Ibad from every point of view,

הויניו

No.

One Cumplaint

I put it to you that durme your child's stay in that nursing home you recognisid that everything slow. sible wewe plone for the kiddie's good?

That is true.

Did you at any time zuritest to the Montgomery that your child had not had the best pregible treatment. at the hands of Dr. Won and his asorinte doctors? I never sple

Dr. Montgomery.

You speak perfect English? # understand English but I not

peal it.

In Your union and neeording to the best medical, standard, anything more have an done for this child than was in fiet done? | thing more rouk!

Not that I know of.

Everything Humanly Possible We know that including yourself, seven duetera – attotle her, and is

It

in your, opinion that they dit everything that was humanly pus site to save the life of this child?

I bebrse 21. This mon. #1 compituunt. his

What WIN the child' conditionsplaint gaan.t . Wh is that

then?

Shr

A good deal better. was lying quietly in bed. Her tem- perature was 102 and the pala re- forded was 14. She had no convul sions at that time,

Replying to his Worship, witness stated that any chal! with health might have a pole of 500

Did you ergurd the child's creadi- tion weyinute Them Yes,

Withinted he alon child t the French Heqital that night.

Mr. Brooks: What wa her cond. tron them? Witne

יונ|1

I was laged in the respect that she had had

at that Time slight convalsins. The tom perature reported t **** by

wilful tent hay

i wilful ex- patire he camed this child unneges. rary injury. Is there any incident which in your opinion gives any colour to that charge? Nome

Dr. Woo

You spoke to Dr. Montgomery in broken Engleh at mainly through the interpretation of Dr. Woot dal mot speak, to Dr. Montgomery,

Mr. Jenkin put it to witness that mght before her child died m

have been dune then was done by Dr. Woo for the child. Withes replied that what she nid was: You have done nil m your power for the child but I don't See how you fail to find wit her disease is."

That was at the French Hospital

Mr. Jonkin: Your emplent, on your own evidence. Is that he was apparently unable to tell you the nature of the disease,

Winona Yes No other complaint. What I complained of was the re. moval of any daughter to the French Hospital when she was in great div. Tress and trembling.

|

Cotizar.

reiend is submitting he has no case. Mr. Brooks: Iesume that my

to answer,

Mr. Jenkin: I am not making that formal submission.

His Worship: I would like to hear Mr. Brook".

Complainant'd) Submissions

Mr. Brooks: The charge against the necased in this ense is wilful negleet and exposure of the child. What is wilful neglect und exposure is a matter of law.

refer your Worship to Halsbury, volume where there is a quotation from the case Rex vergs Senior.

|

1935.

RADIO BROADCAST

Violin and Piano Recital From the Studio

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From Z.BW. on a wavelength of 255 metres (816 kilocycles):

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7.30.8 p.m. From the Stuilie,

A Violin and Pianoforte Recital by Miss Ruby Waldron and Miss Ottilia Derwin.

1.

1).

31

1

The ense for the complainant is that what Dr. Wan did is not wint La reasonable man in the eircin

staners would do. We have heard from 1. Montgomery 1n! the child, when I saw it, und almost. rertainly within sur hour before it was moved to the French Hospital,

very contient ani dateer ous condition, with a tenquerature of 10% and possibly more. Neverthe Jens Dr. Who Took it upon himself 1 Finit chuld down to the

A in 1

French hospital, and the only rencon

12-

we have heard as to why he did that is that there were more gertoned nurses there, and you could get in touch with Dr. Banje.

If a deter runs a nursing home should have thought it would ba pred that the nursing home was

rim on efficient lines and that ex.

•

Programme Fantuiigoletto" „Verdi. Song "Still the Night"

Babm. Piano Sol "Prelude from Suite in A Minor” . . . . Debussy, Violin Solos "anting"

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8,30-9pm. Military Band Musie. Zampu-Överture (Heroki ner. Gont-

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The Turkish Patrol Nautien) Moments (arr. Winter).

(Michelis).

perienced nurses were employed. If Silver Trumpets--Grand Processjoani that had been the ense then Dr. Won's weasons for moving the childThe Smithy in the Wood

March (Vivani, arr. Godfrey). to the French Hospital dich

(Michaelis). affect the matter at all; and 1 sub- mit that what he did was reasonable thing, and that no doctor if he were a reasonable man, under enreynstaters, would have these moved the child in uch A critical rondtion.

The second questiotr is wn the point of calling in it second opinion. w have had it from Dr. Montgomery

tht it not usual for a doctor to i

refuse when a patient ak for a second opinion to be obtained.

Str. Brooks then went on to deal with the evidence for Um prosecu The complaiurent has posed in the Mr. Jenkin id you make that

tion and submitted that it had been. witness lex as being a jaunt whose complaint at the French Hospital?tablished that on three pecasion shes were entirely disregarded by ! No. ཟླ་ +2lej h agreinst the in. Won definitely refused to call that the child guette of entom To utter those in a secant upinjon. He submitters was removed to the French Hospital wards in the fare of a doctor.

that the point had been clearly prov Brainst us wasches, He also said, plying Curther, witness stated she for instance, words to this effect, I had nothing to do with the insertion That Dr. Who insisted on the clak, of ZT ri advertisemPlat in The local ing out and that he pleaded with press thanking Br. Montgomery and Dr. Want let it stay in the nurs the Staff of the Pretch Harpital for The hour. Just bear that in mind. their care tal devotion.

The compdunt eum nut convers

he not Y at with you at the French Hospital,

And that was after the child had

sister at the French Hospital when farrived these and yon had exatam

I went there was 103 and that saver and had talked with The Woo jul a little after right o'rinck Her Dr. Lai? You.

pulse rend between 1 and 150, taken by me.

Would you describe her condition then as critical Yes, I think I think that might applied the Best time when I saw her, child was

stophe second time.

in

very

tu

Tae

time

this ense? Yes,

He sought you out to talk about

Did Not Agree

Jakon:

el.

and on the farts given,

Mr. Brooks concluded In tint ense I suggest

|

9.9.13

145 p.m. A Belay of the Haven- try News Bulletin "#Copyright Reuter).

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Le Fillis Hawaiian- On the Bench at Waikiki.

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ZEESEN PROGRAMMES

that your Worship cannot hold the defendum has no casas to answer. One wand have exprete that Dr. We would only be 100 plused 2 [This Evening's Broadcast From apa intra 13ır witne box and

The German Short-Wavers himself of these elungs, if he want.

Second Opinion

that the

We definitely t suggested lust 1 Was in the bost of the child's interest to reaTIVE the child to the French Hospital,

Hi Worship. remaked You- wholeheartedly agresk and the child | fact that Dr. Wer haud discussed the ense with Dr. Montgomery seemed to clear the mint abant The

Jinion.

was removed?

at about the rental of the child er ill my child wanted to 26 Diet haki the slighted com-

Witness: I did not agree. During from the nursing home to the hose. Also I preferred to keep ing

ital? None whatsoever.

chill hose and let her ate there.

On the neutrary, did he not ap 3. Jenkin: But Dr. Who persund-

pear to be gratified that that 11 had been taken in the child's inter

He seemed to be quite plens.

Is it probable that the child waste? nl in It

serious conditione within an hour when you saw her on the night of July 3, speaking from medical experienced expect het comlition would be very much the same in hour before,

dr. Bronks proceeded to wit- news the general treatment for dywer toy, and Mr. Jenkin, interposing, remarked that the treatment of the patient was riot in ise, The treat- inent had never been questioned.

Mr. Brooks submitted they must know something of the treat resent of the disease.

Mr. Jenkin: 1 don't want to slut

it out. If you want to have the trentment, Mr. Brooks, let us have

it.

you into taking the child to the French Hospital heenuse it would be Riven a better chance ?

Witness: Yes.

Ms. Fok Kam-wing, of 201 Hen- No Injury to Health The charge is: "With likelihood of roborative nature and added that the Hey Roel, gave evidence of a cur. rausing unnecessary injury child's health."

to the child moved her hands and feet vie I ask you this, Prilently in the car on the way to the Montgomery, this case mot ruefully, was the hospitalin: The car was a large

have considered the slightest possibility

in the reeled one, was moval of the child from the mitr~~ ing home to the French Hospital of Injury bring eased to health In this particula: ense, -hould! ay t

any

.1

1 12

Mr Brooks subunit

וויי

there we 1 qtion of second opinion there. His point was that, before and after the child had been seen by Dr. Mont gomery, his client asked Ir. Woo for a second opining to, be endlesh in on July 23.

His Worship; It seems to me he wanted a third option,

Me. Brooks: Your Worships enk call it that if you like.

dad that what Dr. Wes or any of Mr. Jenkin: You could not possibly these tortus did was likely to cause

anneersary injury to this child, be Witness: It was a saloon car.

cause the ovidence is that may doe- Lee Pung, amah employed by Mr. for in like circumstances would hure Mrs. Whan, the last witness for removed the child, in the child's best the prevention, depased that sha interests, from the Woo Nursing Mr. Brinks Crosesanimus: Wity Chinese that Mr. Waan would rather being possibility

heard Dr. We say in Mr. Whan in

Home to the French Hospital, there of comparison sind you say in this particular case?pay $25 for a Puran doctor, and when it comes to the question of the

Becau flare tre othe which might be inadvisable to move complain and ask for a reduction, Whatever

waves Dr. Was charged 825 he wonti segre

of Skill and

experience. the patient.

further opinions were Why was it not inadveable English, which witness mild not am-

The rest of the conversation was in taken it was impossible that any Me donkin: im potest,

difference could have been made in You stand. rexissing your own

the streets ar otherwise of the me the whole time,

Mr. Jenkin

Was that the only child's recovery. But is all, Sir, established as to the type of dyzens Mr. Brookes have never heard thing said in the Chinese langagens no ease to answer, and that the The Magistrate: I hold defendant tery was emetine and anti-dysenterich things dog canont ask the Woe to your master, Mr. Ferum, rest, diet and relief of pain. Witnes for his reasons. I am more..

Wan 2-That is all,

grounds for bringing it were ex- Witness said he might mention by asking him now becata it synse They talked a krunt deal moràtremely flimsy, There is no evidence that on a previous occasion De, Woo But cross-examination.

but that was in English? --- Yes.

Justifying en serious a charge Mr. Jenkin put it to you that fendunt is charged.

wilful glect and exposure." this story about the conversation in Chinese, regarding the $25, which is, suggestive of Dr. Wou refusing to call in Professor Gerrund, is false.

Treatment of Dysentery Replying to Mr. Brooks, Witnes stated the essential treatment of dysentery before it

was deflutely

wit

Mr. Brooks (to witness: Why is nut advisable to move the child this case? The journey only took fteen minutes and in a closed cam It could ant be pressible for the child to be hurt in any way,

huk niket sin and he suggested Mr. Jenkin: Rather than shut it emetine and antialysenteric serum. wat 1 withdraw again. In this case hotle were used. There Was no special applianc wap- paratus required. The Woo Nursing Home had the necessary equipment. Witness said that it was not ad. visable for a patient to get up: was best for the patient muin in bed. If a patient got up and walked about it might retard Similarly if a patical

to re-

Witness: I actually heard these remarks made by him.

This closed ahe, ense for the pro-

Mr. Brooks: I happened to hosecution, raining. If the clifl got weet in the Progeas,...!!

The Magistrate: don't think it

Complainant's Credit

This recovery.

moved about it depended on whether is any good putting a hypotheticalheld over and I only want to refer

the patient was moved by sonicene else or moved hintself.

Witness added that by the term "rest" he included sleep.

hild would not necessarily wake up when

moved from a bed.

Mr. Brooks: Assuming you had a nursing home at your own and had patient there who was in similar would

circumstances to this case, you have moved it to the French Hospital?

cuse tim did not uppen,

Mr Jonkin: In evidence before the Chief Magistrate, Mr. Waan asked if the child got wet, and be said no

Mr. donkin: There was ppital

to the section

the Ordinance so as to show what I am proposing to take that step, but I don't want to was do. I don't say I am not going to

proceed on the ease as it is put med take it if it can be avoided. If. I

ag it has been, mened and conduct- ed and will be presented when Mr. yaoks hiresses you again, It is this, that Dr. Woo turned this child

Mr. Brooks: May I put that ques tin or not? I am asking him a mutical man, of course,

as

dence the child did get wet.

The Magistrate: There is no evi

Mr. Brooks: No so far. not canchided niy ease yet.

I have out of the nursing home, that is what it comes to, despite the pro-

Dr. Montgomery: Yes, I would. The Magistrate: Having regard to texts of one or both of the parents, Asked for his reasons, Dr. Mont-the fact that it was raining heavily That is a fair summary of the case gomery said the child would have that day do you still keep to your against hini. Mr. Bronks will cor- had a better chance in nursing an opinion? non-interference by anyone outside

Witness: I have been informed by this, that if that is a fair summary rect me 1 am wrong in saying the nursing staff. Ife added that he everyone connected with this ense of the ease it comes to this--that had been informed that the child's that the child could not have pos-in fact it will be the credit of Mr. parents frequently Bfted the child sibly got wet. I cannot give from its bed and moved it from one opinion as to what might have Kap-and unless you, Sir, have already an Waan against the credit of Dr. Woo; bed to another.

pened if the child did get wet.

formed any opinion whlelt makes it Wife's Evidence

unnecessary to go on any further on Mr. Jenkin, for the defendant, re- complainant, was seated in the wii-plainant

Yeung Ping-waan, wife of the my part, I should recall this com- plied that it was not for Mr. Brooka

and attack hla credit nes box when she gava hur testi- these lines. You, Bir, have listened

Mr. Brookn objected to this hear-

any evidence.

on

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